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About The Nebraska advertiser. (Nemaha City, Neb.) 18??-1909 | View Entire Issue (May 3, 1907)
MUST GIVE BONDS The Ruling of thf Stat Attorney fleneral NEW STATE DEPOSITORY LAW Helds that Raoint Aot of tha Legislature Cannot Efftot Contracts Alraady Mada Tho state denosltorles must give new bonds if they deslro to have stato funds on deposit up to the full amount of the bonds given. This is the rul ing of the attorney general. He holus that the recent enactment ot tne leg islature cannot affect contracts al ready exist. ng between the state and depository banks. The bill that Is now a law is S. F. No. 275 by Randall of Madison, and it applies only to state depositories. Under its provi sions if a state depository gives guar anty bonds, as all now do, the state treasurer may deposit an amount equal to the bond, if a personal bond is given, the treasurer of the state may deposit one-half the amount named in the bond. Governor Shel don vetoed S. F. No. 281 by Randall of Madison, making a similar provi sion for county depositories. Tho governor signed S. F. No. 410 by Clarke of Adams, which permits county depositories to give two or more bonds, such bonds to bo concur rent. Both bills signed by the gov ernor contain an emergency clauso and the laws are now In force. In the bill relating to stato depositories there was a provision permitting banks to deposit certain securities in lieu of a bond, but this was stricken out in the senate. The same provl-1 slon was in the coun'y depository bill J of land. that did not become a law. H. R. 293, by Harvey, regulating The question of the date of the i mutual insurance companies, lapsing of state funds recently passed I H. R. 35G. by Doran and others, ap upon by Deputy Auditor Cook Is still propriating $25,000 for the aid of school under consideration by Auditor Searle. He has not yet affirmed the ruling of his deputy that claims incurred after April 1, 1907, cannot be drawn from appropriations made by the legisla ture two years ago up to and includ ing August 31, 1907. The deputy au ditor held that claims incurred prior to April 1 need not be presented until August 31, but that those incurred after April 1 must bo paid from the appropriations for the coming bien nimn. It has been customary to per mit the drawing of funds on an ap propriation up to August 31. and many of the heads of state institutions say they will be handicapped for funds unless this plan is followed, and that the legislature in fact make allowance for the drawing of funds from the old appropriations up to August 31. On the other side it is said the funds will be spent if the claims incurred after April 1 are allowed. Still others say that it makes no difference if the hends of state offices and stato insti tutions only have notice when the time limit expires, as they will bo certain to draw most of tho funds available. Employes of the auditor's office and the treasurer's office worked two days to find a discrepancy of 1 cent which existed in the Morrill fund of the state university, the error having been made six years ago. It was found that the treasurer's office had paid out 1 cent less than was called for on a warrant for $424.83 in the year 1901. Several thousand old warrant stubs had to be examined. Tho state printing board has called for bids on printing that Is estimated at $20,000. Bids are to be on file by 4:30 Monday, April 29. The matter to be printed includes 3,500 copies of tho session laws, 1,000 copies each of the house and senate journals, reports of tho state agricultural society, horticultural society, historical socie ty, dairymen's society and the poultry association, assessors' books, school laws and printing for stato officers and state institutions. Secretary Lou W. Frazler of tho state printing board has issued notice to bidders. WORK OF THE LEGISLATURE. H. R. 390, by E. W. Brown of Lan caster, appropriating $2,800 for Piir - ; , t . , .w J l H.-UUIU.-ib in IvIUUUIIl. h bLrnnnSt,''0n? ofNem?llIlJ right of eminent domain for tho pro appropriating $25,000 for heating plant toctJon of roft(ls and bri(iBes. V at Peru normal school H. R. 490, by E. W. Brown of Lan caster, appropriating $2,500 for an ad dition to the building for tho home for the friendless, Lincoln. H. R. 247, by Jenison of Clay, ap propriating $50,000 for normal train ing in tho high schools of tho state. II. R. 302, by Whitney of Sarpy, ap propriating $3,000 for new buildings and Improvements at the fish hatch eries at South Bend. H. R. 484, by Hamer, appropriating $15,000 for now building for the Kear- ney industrial school. II. R. 528, by Hamer of Buffalo, au thorizlng townships and villages to iuiu uuuuo iui wiu (laniDiuutu ui mil' ways. Emergency clause. H. R. 89, by Jonison of Clay, changes poll tax to $2.50 and makes lt payable in cash. H. R. 112, by Hamer of Buffalo, ap propriating $85,000 for two now wings to the Kearney normal Bchool. Emer gency clauso. H. R. 158, by Hamer of Buffalo, per mits cities of tho second class to pur chase thoir own 'waterworks. H. R. 203, by E. P. Brown, curative ian amending the law with regard to appeals to tho supromo court. II. 11. 204, by E. P. Brown, to pro vide for review upon error in the dis trict court of final orders made by a county court, a county Judge, a justice of the peace or any other tribunal ex ercising Judicial functions Inferior to tho district court. Emergency clauso. II. It, 381, by Klllen of Gage, ap propriating $30,000 for a new building for. epileptics at tho Beatrice Institute for feeble-minded youths. Emergency clauso. H. R. 451, by E. P. Brown of Lan caster, appropriating $1200 for flro protection at the state capltol. Emer gency clause. II. R. 450, by Keifcr of Nuckolls, appropriating $15,000 fo ran officers' flat at the Milford soldiers' home. Emergency clause. H. R. 491, by Scudder and White, appropriating $9,500 for an addition to the brick hospital at the Grand Island soldiers' homo. H. R. 492, by Scudder and White of Hall, appropriating $25,000 for a new building for the Grand Island soldiers' home. Emergency clauso. II. R. 537, by Keifer of Nuckolls, to require the payment Into tho stato treasury of the funds of the stato In stitutions secured from the sale of property. Emergency clause. H R. 4G7, by Keifer, $30,000 appro priation for orthopedic hospital. H. R. 157, by Lee, Omaha charter Amendment. II. R. 419, by E. W. Brown, amonds juvenile court law. H. R. 346, by Metzger, appropriates $2,000 for sub-fish station in Cherry county. II. R. 188, by E. W. Brown, mutual windstorm and fire companies to change to stipulated premium plan when it has $750,000 insurance in force and establishes guaranty fund. H. R. 197, by Fletcher, for tho In corporation of accident insurance com panies. H. It. 355, by committee on banking, for an additional bank examiner and more than one examination each year. H. R. 429, by Whitham, equitable ad justment of school district boundaries when a district has only three sections .district that cannot maintain seven months of school. H. R. 205, by E. P. Brown, for pre serving and making a part of tho rec ord in district court proofs and testi mony taken orally. H. R. 90, 91 and 92, by Jonison of Clay, amending the road laws to pro vide that road overseers shall be abol ished and making county commission ers overseers in their respective dis tricts. IT. R. 460, by finance committee, current expenses appropriation. H. R. 534, by deficiencies commit tee, deficiency bill. H. R, 538, by claims committee, mis cellaneous claims. H. R. 440, by finance committee, salary appropriation bill. H. R. 386. by Cone, penalty to tho Harsh elevator law of two years ago. H. R. 147, by Harvey, gives Omaha city council power to give, contract to haul garbage at no expense to the city. H. R. 161, by Walsh, appropriates $20,000 for a building at tho state fair. H. R. 396. by Noyes, for road drag on public highways. H. R. 470, by Lee of Douglas, pro viding office room and clerks for coun ty comptrollers. Approved. H. R. 559, by Shubert of Richard son (on request of the governor), mak ing a distribution among the counties of $790 roceived from tho government forest reserve fund. Approved. H. R. 9, by Clarke of Douglas, child labor law. Emergency clause. Ap proved. H. R. 27, by Thiessen of Jefferson, permitting mutual fire, wind and light ning insurance companies to organize on the basis of the number of risks as well as the number of members. Approved. H. R, 56, by E. W. Brown of Lan caster, to provide for quieting the title of real estate against unenforceable liens. Emergency clause. Approved. H. R. 106. by E. W. Brown of Lan caster, persons convicted of having burglars' tools may be sent to the penitentiary for from one to five years. jppruvuu. H. R. 202, by E. P. Brown of Lan caster, any taxpayer may appeal from levy of county board without appear ing before the board and may hold up such portion of the levy as he deems exorbitant pending court, settlement. !Emergency clause. Approved. h. u. iy Gran or Cuming, em ' nnvunvc rnimtv linanlc tr nvnrnlcu Mm proved. H. R. 146, by Baker of York, to pro vide for tho salo of real estate belong ing to a cemetery association. Emer gency clauso. Approved. H. R. 211, by Gliem of Red Willow, permits an abstracter to furniph a guaranty bond. Emergency clause. Approved. H. R. 258, by Jones of Richardson, amendment to the drainage law now in effect. Emergency clause. Ap proved. II. R. 371. by Walsh of Douulas. making theft of live poultry a felony nnil tne receiving of the same know lng lt to be stolon Approve(1 II. R. 113, by Cone of Saunders, me morializing Congress to pass a law for a uniform standard of grading and classification ot gram. Approved. H. R. 472. by Loo of Douglas, nro viding for the countersigning of war rants by tho county comptroller and for the filing of all claims with tho comptroller. Approved. H. R. 471, by Lee of Douglas, mak ing county comptroller ex-offlclo city comptroller in. cities of the metropol itan class. Approved. WILL GUT THE PIE It Is Thought tha Governor will Maka his Appointments Soon MANY CHANGES WILL BE MADE It is Thought the Adjutant General wili Return Soon-Major Phelps to Take his Piaoe It is becoming pretty generally known what Governor Sheldon has in view rogarding some of the appoint ments at his disposal, an.iough no an nouncements havo yot come from tho executive office. Rogarding tho post of prlvato secretary to the govomor it may bo staiod on good authority that A. B. Allen, the prosent incum bent, will continue to till it indefi nitely. Some observant people thought when Secretary Allen moved his family back to Tecuinaoh lt waB a sign that ho would soon retire, but Governor Sheldon has not shown any intention to make a change and has not even considered naming a succes sor to Mr. Allen, it is snid. At tho outset of his term he did offer tho position of private secretary in turn to W. D. I lay ward of Nebraska City and County Attorney C. A. Rawls of Plattsmouth, but both men declined and since then the governor has not bothered himself to find a now prlvato secretary. The rumor that he was about to pick a Lincoln man for tho place seems to be without good foun dation. Burrett Bush of Omaha is still nom inally the head of the state labor and statistical bureau, but his resignation has been placed in the governor's hands. It will undoubtedly be accept ed, and everybody expects that Don C. Despaln, who has been serving as chief clerk of that department, will be given Bush's job, the legislature having been unkind enough to abolish his own by taking away the salary. State, house wiseacres say that Des paln's appointment will date to tho first of next year. In tho meantime Senator Norris Brown may help him to a place In the federal service. Chief Oil Inspector E. A. Church has not been an applicant for reap pointment, and expectations are that he will be relieved within a short time to make way for some other man of Governor Sheldon's choosing. Heretofore the place has been given to Lancaster county, and if precedent should be followed in this regard it is probable that Fred Bookman will get lt. Governor Sheldon, however, has a habit of disregarding precedents, and there Is no certainty that Lan caster will receive this plum. Mrs. Daisy Despain, the oil inspector's stenographer, will probably vacate her position when tho head of tho office changes, or soon thereafter. Another official who will doubtless retire in tho near futuro is Adjutant General Culver. There aro a number of applicants for his position, and to pick the successful one would bo more conjocture, but some of the knowing people predict that Major Phelps, who is now with the department, will bo promoted to tho chief place. All of tho superintendents at tho threo state hospitnls for insane will be retained, according to present be lief. They aro Dr. J. T. Hay at Lin coln, Dr. W. B. Kern at Hastings and Dr. George A. Young at Norfolk'. At the Beatrice institute for feeble-mind ed. Superintendent Johnson will prob nbly stay until July 1 and then bo relieved at his own request. F. E Osborne, physician at that instltu tion, wants to be superintendent and was in Lincoln to see Governor Shel don n-bnut it. Chief Game Warden George L. Car ter stands a good chance to keep his place, as tho wiseacres view it. Be sides having a record as a capable and active officlnl. lie was a staunch supporter of Brown and Sheldon in the campaign last year. The fish and game committee of the house and senate unanimously endorsed Carter for reappointment, and he has other strong testimonial1. Ed Morris of Omaha has been making a canvass for tho position, but it is said that ho will bo satisfied to accept a dep utyshlp. GIVES A BIG BOND. ' Tho largest single county bond ever registered in Nebraska was turned over by Treasurer F. M. Cook of Otoe county to the state treasurer's office and will become an investment of the permanent school fund. It is in the denomination of $75,000, drawing 3.7 per cent. It is a refunding security being issued in exchange for seventy five bonds, each for $1,000, which wore held by tho state. The original Issue was $77,000, but two of tho old bonds were canceled, the money being pah in by Troasuror Cook. Tho bonds sur rendered by tho stato havo been draw ing 4 per cent. Almost forty years ago tho Burling ton railroad, then known as the Chi cago, Burlington fe Qulncy, wns con structlng its Kansas City and St. Jo soph lino. It agreed to build a bridge over tho Missouri rlvor at Nebraska City and run into that place from tho east If bonds wore voted. Tho pooplo or Otoo county obligingly authorized the issuance of the bonds. Theso have twlco fallen duo, and It has been found necessary to refund tho main issue each time. Altogethor Otoo county Is stul carrying some $3150,000 of bonds vetted to build different linos of rail road in tho early days. BIG PRIOE PAID FOR LAND. Farms Sold In Cedar County for $144 Per Acre. Threo thousand two hundred and olghty acres of land In Cedar county sold recently for ovor $216,000, or nearly $68 per acre, which established a now scalo of prices for northern Ne braska lands nnd crowds tho high priced lands of eastern statos for a high rango of prices. This land Is all located In the north half of Cedar county and was sold at tho referee's Bale of lands of tho estato of John Lammors. Much of theso lands woro pasture and hog lands and somo of tho choice pieces brought unhoard of prices west of tho Missouri rlvor. Tho lnnd was sold In forty-acro tracts. The top notch was reached when $144 per aero was paid for ono forty. An other brought $101 per acre, and ono forty twolvo miles from Hartington In wild grass knocked down at an even $100 per acre. One 163-acro trnct sold for $S3 per acre. Others ranged from $71 to $80 nor acre. All of this land Is somo distance from town, and while some is rough pasture lands, thoro in among tho hlirher priced pieces some of the best lands In tho Bow valley. In addition to tho lands sold somo town property was sold, making tho total salo run up to $228 193. John Lammors was without doubt ono of tho wealthiest farmers in No- jraska. He came to Cedar county In an early day with practically nothing but a determination to succeed. Ho died about ten year'? aco, leaving a widow, and he was 'he father or twenty children. Blxtcon of whom sur vived him. The estato was lort to nis widow for hor lifetime and was then to ho divided among tho heirs. In addition to this real estato just sold tho estate has notes and mortgages and personal proporty amounting to over $150,000, and somo yearH ago each of tho sixteen heirs received a quarter section of land apiece. The widow died a few months ago. Tho scale of nrices sot In this sale of real estato Is demonstrative of tho fact that Cedar county and northern Ne braska lands havo a value heretofore unknown and that tho Incroaso is sub stantial. MILKING MACHINES IN USE. Has Been Given Thorough Tost at Ex perimental Station. Manv farmers of the state have In stalled mllk'nir machines in their ilnlrv. The nillkinc machines, liko corn-husklng and cotton-plcktng ma chines, have never seemed possible, hut. It is now au e certain tnat tne fprmer is a pronounced success, dif fering from the latter in tnat it uoos its work to perfection. The in lkinc machlno Is not so com plicated or wonderful in its median ism. althouKh lt Is marvelous In re suits. The new Invention was adopted at the stato university farm after its lnbor-saving qualities had been fully demonstrated, and its utility, cieanu ness and sanitary provisions wore so apparent. In a word It Is as far ahoad of tho old way of milking as tne sou- binder is ahoad of the cradle. Brioflv stated, tho machino milker Is operated on the vacuum or suction principle. A little gasoline ongino of three-horse power will operato a sys tem capable of operating olght of tho machines and milking sixteen cows at one time. Experiments with milking machines have been conducted at the state farm for more than a year. MUST FURNISH NEW BONDS. Funds to Full Amount of Bonds Will be Deposited. Under tho new state depository law as signed by Governor Sheldon, tho state depositories will havo to lurnisn now bonds If they want Btnto funds deposited to tho full amount of their bonds. Undor this new law. If a de pository gives a guarantee bond, tho state treasurer may deposit funds to tho full amount of tho bond, but If n nersonal bond Is given but half of the nmount may be depositod. Tills will compel new bonds If the bankers want to take advantage of tne now law. FOR THE THAYER MONUMENT. Bids Received and Contract Will Soon be Let. The committee designated by tho legislature to buy a monument to be erected at Lincoln over the grave of tho late Gen. John M. Thayer, for merly governor of Nebraska and a vet eran of the Civil war. has roceived bids from several sources and will soon award a contract. The legisla ture set aside $1,250 to purchnso a monument. With this amount tho committee will bo nblo to buy a plain and substantial monument. Gray gran ite, hammer finish, with tho exception of tho place where tho Inscription is to be placed, Is favored by tho com mittee. It will bo in tho form of a shaft about nlno feet high. Tho G. A. R. emblem will be ono of the de vices on tho stone. Tho commit too hoped to have tho monument ready to unveil on Memorial day, but all of the factories that have been heard from say lt cannot be reTady before somo time In August. Tho committee comprises C. N. Balrd, F. A. Truoll, O. C. Boll and J. B. Strode AUTOMOBILE RACES. Many Interesting Events Will be Held in Lincoln. The automobile dealers of Lincoln will glvo a tournament at tho fair grounds about tho first of May, tho object being to demonstrate to tho public tho capacities of tho various cars which aro for salo in that city. Lincoln is now recognized as tho auto mobile center of Nebraska and it 1b tho intention of the Lincoln dealers to havo all tho leading gasoline and elec tric cars represented at this tourna-mout. AT BIG EXPENSE Transportation to tha Maneuvers a big Item CANNOT USE FORT NIOBRARA Adjutant General Culver will login Campaign far Armories Throughout the State Under tho now railroad laws of tho Inst session of tho legislature tho an nual encampment of tho Nebraska National Guard will cost tho stato considerable moro money and lt is posslblo that only ono roglment will be given the annual encampment drill. General Culver has been considering the question of rates and location of tho encampment nnd can soe no moans of securing the formor rato of A cents per mllo which has boon secured for sovoral yearH paBt. When tho houso committee on II nance, ways and means hnd the question of appropriation for tho guard under consideration the adju tant general appoarod boforo them and explained the need of a larger appropriation than in former years, nnd thoy admitted the logic of his reasoning and granted the Increase Thoir estlmato was reduced, howover, and was placed ut practically tho samo uguro as in lormer years. Tho movement of tho guard Is al ways a serious problem bocauso of tho groat traveling expense, and It will be much Increased this year. Participation In tho maneuvers at Ft. Riley cannot be had undor the ap propriation, but It Is hoped to havo n successful encampment In the stato. Wero it not for tho railroad oxponse tho guard would hold Its annual en campment at tho deserted Ft. Nio brara whero Ideal grounds and rifle rango aro to bo found. Tho national government would glvo this fort and grounds to tho stato for the purposes of military maneuvers, It Is said, but tho state cannot accept because tho fort is not located advantageously. The railroad fare would, in a few1 years, purchase maneuver grounds In the central part of tho Htate. Such stato grounds havo long been desired by tho adjutant genoral's department but each legislature has adjournod without taking any action and each succeeding legislature has soon tho price of land in tho central part of the stato greatly advanced. It is be lieved that in a few years moro tho prlco of land centrally located will bo prohibitive and tho stato will never own tho maneuver grounds covoted. Adjutant General Culver will bogln a campaign for armories throughout the stato. The last legislature passed a bill which permits cities and vil lages to lovy a small tax for tho pur pose of building momorial armories. This law will bo tho baBis of many now armories In tho Btnto beforo mnny years have elapsed. Many of tho companies havo informed General Culvor that thoy aro laying thoir plans for tho construction of the much needed armories. Thoy will ask their communities to lovy a tax to pay a portion of the oxponse and by means of ontortnlnments. fairs and othor do vlcos ralBo tho balance needed. At present tho signal corps of Fremont is the only company In tho stato that ownH Its armory and this Is located on leaBod ground. For somo time tho Fromont company hns had an ambi tion to own Its own location entirely and thoy hopo to consummato Iti through this law. INSURANCE CO. INSOLVENT. State's Attorney Brings Suit Against the Columbia Accident. Attorney General Thompson, on bo half of the state, has fllod suit against the Columbia Accident Insuranco Co. asking tho district court to summon the defendant to show cause why It lifiould not havo Its affairs wound up and a receiver appointed. The plaintiff doclarcs that the lia bilities of tho company conBlst of an $800 accidental death policy and from one to two hundred worth of tempo rary disability claims, that its assets consist of tho notes of Its members of tho face valuo of $800, but that tho real value Is loss. It Is asserted that the defendant concern Is Insolvent and unablo to pay Its obligations. It is nfilrmod that tho accident con corn failed on about or after March 1( to make a statement of its affairs with tho stato auditor as required by law. Tho officers of tho company aro T. F. Bartlott, president, and W. A. Rankin, secretary. EXPRESS RATES NOT LOWERED. i State Attorney Is Anxious to Have the' Bills in Effect. Attorney Gonoral Thomnson bolloves' that tho legislature must declare an emergency In as many words if it wIhIipr to havo a bill iro Into effect aa soon as it haB tho approval of tho gov omor. Tho question arose ovor the clause of tho end of tho Slbloy maxi mum express rato bill. This declares "that tho bill shall bo in offoct on and after passago and approval." Tho ox press eompanloB havo taken advan tage of this holding of tho attornoy gonoral and aro holding thoir prices up to tho old mark and will do so long ns thoy can, as thoir agents In Lincoln assert. Tho Lincoln agents assert that tha law will not hurt thorn much. Las most of their business Is interstate business, which will not be touched.